§ 3.8 Obtaining Judgment by Default

• Jurisdiction: Arizona

§ 3.8 Obtaining Judgment by Default. Obtaining a default judgment is a two-step process: (1) the default of the defendant(s) must be entered; and (2) the judgment must thereafter be obtained after the required waiting period. Ariz. R. Civ. P. 55 covers both aspects of the process. Ariz. R. Civ. P. 55(a) delays the entry of a party’s default. A party applying for an entry of default must mail a copy of the application for entry of default to the party claimed to be in default and to the party’s attorney, whether or not that attorney has formally appeared. The rule does not, however, require the applicant to actively determine the existence or identity of counsel for the opposing party. If neither the party’s whereabouts nor the identity of counsel is known, that fact must be certified in the application for entry of default. In Sprang v. Petersen Lumber, Inc.,165 Ariz. 257, 798 P.2d 395 (Ct. App. 1990), the court voided a default judgment against the former owner of a piece of property in an action to foreclose that owner’s right to redeem the property where the party seeking foreclosure failed to show due diligence in providing notice to the former owner.

Default is not effective until 10 days after the application for entry of default is filed. The 10-day period is computed in accordance with Ariz. R. Civ. P. 6(a); i.e., weekends and holidays are excluded. Corbet v. Superior Court,165 Ariz. 245, 798 P.2d 383 (Ct. App. 1990 ). This allows the party claimed to be in default to go ahead and plead or defend within that time. However, Ariz. R. Civ. P. 6(e), which gives a party an...